Neutral Citation No. - 2025:AHC:36524 Court No. - 65 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1836 of 2025 Applicant :- Saif And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Viresh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Ms. Shalini Singh, Advocate holding brief of Sri Viresh Kumar Yadav, learned counsel for the applicant, Sri Jai Kishan Chaurasia, learned State Law Officer for the State and perused the material placed on record. 3. The present application has been filed for second anticipatory bail in Case Crime No.310 of 2015, under Sections 363, 342, 376D, 506 I.P.C. and Section 5/6 POCSO Act, Police Station Kutubsher, District Saharanpur, during the pendency of trial. 4. This is the second anticipatory bail application on behalf of the applicant. The first one was withdrawn by the counsel for the applicant with a liberty to file a regular bail application vide order dated 23.9.2022 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.9022 of 2022 and the following order was passed: "Heard Sri Ashok Kumar Singh Bais, learned counsel for applicants as well as Sri Ram Prakash Patel, learned Additional Government Advocate for State. The present application for anticipatory bail has been filed for protection in regard to Special Case No.63 of 2016 (State vs. Adman and Others) arising out of Case Crime No.310 of 2015, under Sections 363, 342, 376-D, 506 I.P.C. & 5/6 of Protection of Children From Sexual Offence Act, P.S. Qutubsher, District Saharanpur. After arguing for some time, applicants' counsel submits that the present application for anticipatory bail may be dismissed as withdrawn with liberty to file a regular bail application which may be decided keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another reported in 2022 SCC OnLine SC 825. Learned A.G.A. has no objection to the prayer of learned counsel for the applicants. In view of the above, considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned court below within one month from today and in case a regular bail application is filed, the same be decided in view of the law laid down by the Supreme Court in case of Satender Kumar Antil (supra). For the period of one month from today or till the time of surrender of the applicants before the concerned court below, whichever is earlier, no coercive action shall be taken against the applicants- Saif and Sufi Nafis, in the above case. With the above observations and directions, this application is disposed of." 5. Learned counsel for the applicant has stated that as a new ground the applicant is entitled for anticipatory bail as the co- accused person Adnan has been acquitted by the Special Judge, POCSO Act, Court No.13, Saharanpur vide order dated 30.09.2023 in S.S.T. No.63 of 2016, as such, the case of the applicant is at par with the co-accused person. 6. Learned State Law Officer has vehemently opposed the second anticipatory bail application. 7. After hearing learned counsel for the parties and taking into consideration the facts that this is the second anticipatory bail application and there is no provision in code for second anticipatory bail application coupled with the fact that the co- accused person Adnan was also not enlarged on bail rather he has been acquitted, I do not find it a fit case for grant of anticipatory bail to the applicant. 8. The second anticipatory bail application is hereby found misconceived and is accordingly rejected. 9. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of anticipatory bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 12.3.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad